Page 96 - 2023-24 By-Laws

Rule 17 - Investigations ... Waivers

student being ineligible or results in the student not having full eligibility. A student eligibility
general waiver is exceptional and extraordinary relief, granted in rare cases; ordinary cases
shall not qualify for a student general eligibility waiver.
a. Likewise, a negative change in the financial condition of the student or a student’s family
may constitute a hardship condition, however, such change must be permanent, substantial
and significantly beyond the control of the student or the student’s family.
b. In a transfer case where a student seeks full or Limited Eligibility, and there is evidence
that the transfer or move was motivated, in part, by athletic reasons, albeit not for primarily
athletic reasons, the student will not qualify for a general waiver.
17-8.4 Non-Student Eligibility General Waiver
When the circumstances do not directly relate to student eligibility, an affected party may request
a general waiver when special circumstances arise that call for relief from, or modification of,
the effects of a rule, policy or procedure on an affected party.
17-8.5 Limited Eligibility Waiver
In addition to the foregoing, in transfer cases under rule 19-6, (the student transfers without a
corresponding change of residence by his/her parent(s) or Guardian(s)),the Commissioner,
his/her designee or the Committee shall have the authority to set aside the effect of the
transfer rule and grant a student full eligibility following a transfer if (a) the student continues
to reside with his/her parent(s) or Guardian(s), (b) the student establishes, to the reasonable
satisfaction of the Commissioner, his/her designee or the Committee, that the transfer is in the
best interest of the student and there are no athletic related motives surrounding the transfer,
and (c) the principals of the sending and receiving Member Schools each affirm in writing
that the transfer is in the best interest of the student and there are no athletic related motives
surrounding the transfer. In addition, in those circumstances where the student attended a
Member School, other than the sending and receiving Member School, at any time during the
Three-hundred Sixty-five (365) days prior to the transfer, the principal of the other Member
School(s) the student attended during the Three-hundred Sixty-five (365) days prior to the
transfer must also affirm in writing that the transfer is in the best interest of the student and
there are no athletic related motives surrounding the transfer.
17-9 Eight Semester Eligibility Waiver
The Commissioner, his/her designee or the Committee may in individual cases, upon written
request, declare eligible a student who would otherwise be ineligible under rule 12 if all of the
following conditions are met:
a. the student has not graduated from high school;
b. the student establishes, to the reasonable satisfaction of the Commissioner, his/her
designee or the Committee, that he or she has, or had, a disability as defined in the
Individuals With Disabilities Education Act, 20 U.S.C. § 1401(3);
c. the student establishes, to the reasonable satisfaction of the Commissioner, his/her
designee or the Committee either: (1) the student had an I.E.P. and was meeting the
requirements of the I.E.P., yet is unable to graduate from high school within Eight (8)
semesters after entering ninth grade, primarily because of the disability; or (2) the student
did not have an I.E.P. and is unable to graduate from high school within Eight (8) semesters
after entering the ninth grade, primarily because of the disability; and
d. the student establishes, to the reasonable satisfaction of the Commissioner, his/her
designee or the Committee that the student’s participation would not constitute an
undue risk to the health and safety of other participants or provide the student or the
student’s team an undue competitive advantage. Without limiting the evidence that may
be considered, the Commissioner, his/her designee or the Committee, may consider the
following in determining whether the student’s participation would constitute an undue risk
to the health and safety of other participants or provide the student or the student’s team
an undue competitive advantage: (1) whether the student has presented a report from a
physician regarding the student’s height, weight and whether the student is likely to pose
an undue risk to the safety and health of other participants; the student shall submit to an

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